Texas Animal Cruelty Laws: Do They Cover Domesticated Pets?

Animal cruelty laws in Texas have been in place since 1879. While earlier versions of the laws dealt with cattle and livestock, today Texas cruelty laws protect a variety of animals from inhumane treatment. There are two types of laws that protect animals from cruelty in Texas: civil laws and criminal laws. Texas criminal cruelty laws only apply to domesticated animals, such as house pets and livestock, and not to wild animals, circus animals, or animals used in experiments. The laws define which actions are considered cruel, outline permissible defenses, and explain the punishments that can be imposed on those who treat animals cruelly.

Cruelty to Non-Livestock Animals

In Texas, animal cruelty is a crime that can result in criminal or civil penalties. The state's criminal laws define "animal" as any "domesticated living creature, including any stray or feral cat or dog, and any wild living creature previously captured." This excludes uncaptured wild animals and livestock.

Section 42.092 of the Texas Penal Code, titled "Cruelty to Nonlivestock Animals," outlines the following offences:

• Torture: causing unjustifiable pain or suffering to an animal.
• Killing or injuring: killing, administering poison, or causing serious injury to an animal without the owner's consent.
• Neglect: failing to provide necessary food, water, care, or shelter for an animal in one's custody.
• Abandonment: abandoning an animal without making reasonable arrangements for its care.
• Confinement and transportation: transporting or confining an animal in a manner that causes pain or suffering.
• Bodily injury: causing injury to an animal without the owner's consent.
• Animal fighting: causing animals (excluding dogs) to fight each other.
• Dog racing: using a live animal as bait during dog race training or on a racetrack.
• Overworking: working an animal to the point of causing pain or suffering.

Penalties for these offences vary depending on the specifics of the case and the offender's previous convictions. They can range from a Class A misdemeanour to a third-degree felony, with corresponding fines and jail time. Texas civil laws also address animal cruelty, but they have a broader scope and narrower definitions of what constitutes cruelty.

It is important to note that Texas's animal cruelty laws have been criticised for their narrow scope when compared to other states. The laws exclude certain types of animals, such as circus animals, wild animals, and animals used in experiments, from protection.

Cruelty to Livestock Animals

Texas law protects animals from abuse and neglect. The state's criminal cruelty laws apply to any "domesticated living creature or any wild living creature previously captured" as well as livestock animals under a person's care and control.

Section 42.09 ("Cruelty to Livestock Animals") and 42.092 ("Cruelty of Non-Livestock Animals") of the Texas Penal Code prohibit a person from intentionally, knowingly, or recklessly treating an animal cruelly. The following actions constitute cruel punishment:

• Failing to provide food, care, or shelter
• Unreasonably abandoning an animal in one's custody
• Transporting or confining an animal in a cruel and unusual manner
• Administering poison to a livestock animal without legal authority or the owner's consent
• Causing a livestock animal to fight with another animal
• Using a live livestock animal as a lure in dog race training or on a racetrack
• Tripping a horse
• Seriously overworking a livestock animal
• Torturing a livestock animal

These actions are considered Class A misdemeanors, except in cases of previous convictions, where the offense is considered a state jail felony.

It is important to note that Texas's animal cruelty laws are narrower in scope compared to other states, excluding certain types of animals, such as circus animals, wild animals, and animals used in experiments, from protection under these laws.

Criminal vs Civil Laws

Texas has both criminal and civil laws in place to protect animals from cruelty. While these laws are similar in many ways, they differ in the penalties they impose.

Criminal Laws

Texas criminal laws only apply to "domesticated living creatures or any wild living creature previously captured" and livestock animals under a person's care and control. Under Texas criminal laws, the intentional or knowingly cruel treatment of animals is expressly prohibited. Cruel treatment can be further defined as two types of actions: affirmative acts and failure to act.

Affirmative cruel actions include:

• Torturing an animal
• Transporting or confining an animal in a cruel manner
• Killing, seriously injuring, or poisoning an animal
• Causing an animal to fight with another
• Using a live animal as a lure in a dog race
• Injuring an animal belonging to another
• Tripping a horse
• Seriously overworking an animal

Failing to act or provide care rises to the level of cruelty when it involves:

• Failing to provide necessary food, care, or shelter
• Unreasonably abandoning an animal

If prosecuted in a criminal case, a person may face penalties including fines, jail, community service, and/or probation. Texas animal cruelty convictions are classified as either a felony or a misdemeanour.

Civil Laws

The scope of civil laws is broader than criminal laws and applies to "every living dumb creature". While their scope is broader, the civil statutes adopt a much narrower definition of what constitutes cruelty. Cruel treatment in the civil context includes:

• Torturing an animal
• Seriously overworking an animal
• Unreasonably depriving an animal of necessary food, care, or shelter
• Cruelly confining an animal
• Causing an animal to fight with another animal

In a civil case, if a judge rules that a person or people have been cruel to animals, the judge may take away their animals and order them to pay restitution.

Dangerous Wild Animals

Texas has a set of laws that govern the keeping of dangerous wild animals. These laws were passed by the Texas legislature in September 2001 and outline the requirements for owning such animals, including registration, insurance, and proper treatment.

Registration and Insurance Requirements

Chapter 822, Subchapter E of the Texas Health and Safety Code defines and regulates "dangerous wild animals." It imposes a registration requirement on the owners of these animals and sets insurance requirements. "Dangerous wild animals" include lions, tigers, leopards, bears, and chimpanzees, among others. Owners must obtain a certificate of registration from an animal registration agency, such as a municipal or county animal control office or a county sheriff. The registration is valid for one year and is non-transferable. The registration process involves submitting an application, providing specific information about the animal, and paying a fee. The annual registration fee is limited to $50 per animal and $500 per person, regardless of the number of animals owned.

In addition, owners of dangerous wild animals are required to maintain liability insurance coverage of at least $100,000 per occurrence for any damage, injury, or death caused by their animal.

Proper Treatment and Standards for Keeping

The laws governing dangerous wild animals in Texas also address their proper treatment and set standards for keeping them. These standards aim to ensure the public's health and safety, prevent escapes, and provide a safe, healthy, and humane environment for the animals. The executive commissioner establishes caging requirements and standards for confinement, which include minimum enclosure size requirements.

Owners are responsible for complying with the established caging requirements and standards and are subject to inspection by the animal registration agency or its agents to ensure compliance. Deviations from the established standards are allowed only under specific circumstances and with good cause, as long as they do not compromise public safety and the animal's welfare.

Local Control and Liability

The laws also address local control and liability for dangerous wild animals. Counties are authorized to regulate the keeping of certain wild animals in unincorporated areas. In the event of an animal attack or escape, owners are required to notify the animal registration agency and local law enforcement. Owners are held liable for all costs incurred in apprehending and confining an escaped animal. However, the animal registration agency and law enforcement agencies are exempt from liability for damages arising from an animal's escape.

Dog Fighting

Section 42.10 of the Texas Penal Code specifically prohibits dog fighting and deems offensive activities such as attending a dog fight as a spectator, or participating in the earnings or operation of a dog-fighting facility. The state considers dog fighting a criminal offense, and those found guilty can face penalties such as fines, jail time, community service, and/or probation.

The Texas Penal Code defines "dog fighting" as any situation in which one dog attacks or fights with another dog. It is also illegal to use or permit the use of any property for dog fighting, own or possess dog-fighting equipment, or train a dog with the intent to use it in dog fighting.

Texas law also prohibits causing a dog to fight with another dog, with some exceptions. For example, if a dog is caused to fight to protect people, livestock, or other property, it may not be considered a criminal offense.

The state takes animal cruelty cases seriously, and those convicted of dog fighting or other forms of animal cruelty can face significant legal consequences.

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